HENNIGAN v. ATLANTIC REFINING COMPANY

Nos. 17017-17019.

400 F.2d 857 (1968)

Ellen HENNIGAN, Administratrix of the Estate of James C. Hennigan, Deceased, v. ATLANTIC REFINING COMPANY and City of Philadelphia v. DRISCOLL CONSTRUCTION COMPANY, Inc. and Gulf Oil Corporation, City of Philadelphia, Appellant. Roger A. JOHNSON, Administrator of the Estate of Robert C. Wilson, Deceased, v. ATLANTIC REFINING COMPANY and City of Philadelphia v. DRISCOLL CONSTRUCTION COMPANY, Inc. and Gulf Oil Corporation, City of Philadelphia, Appellant. Bonnie RIDDICK, Administratrix of the Estate of John Riddick, Deceased, v. ATLANTIC REFINING COMPANY and City of Philadelphia v. DRISCOLL CONSTRUCTION COMPANY, Inc. and Gulf Oil Corporation, City of Philadelphia, Appellant.

United States Court of Appeals Third Circuit.

Decided September 10, 1968.

Rehearing Denied October 4, 1968.


Attorney(s) appearing for the Case

Joseph J. Murphy, Murphy, Veldorale & Weisbord, Philadelphia, Pa. (Vincent C. Veldorale, Philadelphia, Pa., on the brief), for appellant, City of Philadelphia.

Sheldon L. Albert, Beasley, Albert, Hewson & Casey, Philadelphia, Pa. (James E. Beasley, John J. Cahill, Jr., Cahill, Cahill & Lynch, Philadelphia, Pa., on the brief), for appellees, Hennigan and Johnson.

William L. Meritz, Zarwin, Prince, Baum, Steerman & Somerson, Philadelphia, Pa., for appellee, Bonnie Riddick.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

On August 22, 1962, four employees of Driscoll Construction Company were killed in an explosion while working on the construction of a sewer tunnel in the City of Philadelphia. The explosion apparently resulted from the ignition of petroleum vapors which had accumulated in the tunnel.

The personal representatives of three of the decedents brought diversity actions in the district court under Pennsylvania's wrongful...

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